Full Text of HB5174 101st General Assembly
HB5174 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5174 Introduced , by Rep. Joyce Mason SYNOPSIS AS INTRODUCED: |
| 750 ILCS 60/102 | from Ch. 40, par. 2311-2 | 750 ILCS 60/103 | from Ch. 40, par. 2311-3 | 750 ILCS 60/202 | from Ch. 40, par. 2312-2 | 750 ILCS 60/214 | from Ch. 40, par. 2312-14 | 750 ILCS 60/302 | from Ch. 40, par. 2313-2 | 750 ILCS 60/302.5 new | |
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Amends the Domestic Violence Act of 1986. Changes the purposes of the Act. Deletes provisions related to a pilot program to allow the electronic filing of petitions for temporary orders of protection and the issuance of such orders. Provides that the clerk of court shall provide resources and information on domestic violence and how to obtain assistance as a victim of domestic violence to all petitioners seeking an order of protection. Provides that when determining whether to issue an order of protection, the court shall consider the pattern of domestic violence of the respondent. Provides that when determining whether to grant a specific remedy, the court shall consider the respondent's past abuse, neglect, exploitation of, or criminal actions against any person within the past 10 years. Provides that the court shall liberally grant both orders of protection and remedies to protect the physical, financial, mental, and emotional health of the victims. Provides that records maintained by the Illinois State Police shall be maintained for at least 20 years and also include expired orders of protection. Provides that data in the National Crime Information Center database shall be used to inform all dispatchers and law enforcement officers at the scene of an alleged abuse, neglect, or exploitation or violation of an order of protection. Makes other changes. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning domestic violence.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Domestic Violence Act of 1986 is | 5 | | amended by changing Sections 102, 103, 202, 214, and 302 and by | 6 | | adding Section 302.5 as follows:
| 7 | | (750 ILCS 60/102) (from Ch. 40, par. 2311-2)
| 8 | | Sec. 102. Purposes ; rules of construction . This Act shall | 9 | | be
liberally construed and applied to promote its underlying | 10 | | purposes, which are
to:
| 11 | | (1) recognize that domestic violence is a widespread | 12 | | epidemic in our society that has serious short-term and | 13 | | long-term negative impacts on individuals, families, | 14 | | communities, and institutions that work with families, | 15 | | including trauma, physical and emotional ailments, | 16 | | homelessness, poverty, and death Recognize domestic violence | 17 | | as a serious crime against the
individual and society which | 18 | | produces family disharmony in thousands of
Illinois families,
| 19 | | promotes a pattern of escalating violence which frequently | 20 | | culminates in
intra-family homicide, and creates an emotional | 21 | | atmosphere that is not
conducive to healthy childhood | 22 | | development ;
| 23 | | (2) recognize domestic violence against high-risk adults |
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| 1 | | with disabilities, who are particularly vulnerable due to | 2 | | impairments in ability to seek or obtain protection, as a | 3 | | serious problem that takes on many forms, including physical | 4 | | abuse, sexual abuse, neglect, and exploitation, and facilitate | 5 | | accessibility to remedies under this Act in order to provide | 6 | | immediate and effective assistance and protection; Recognize | 7 | | domestic violence against high risk adults with
disabilities, | 8 | | who are particularly vulnerable due to impairments in ability
| 9 | | to seek or obtain protection, as a serious problem which takes | 10 | | on many
forms, including physical abuse, sexual abuse, neglect, | 11 | | and exploitation,
and facilitate accessibility of remedies | 12 | | under the Act in order to provide
immediate and effective | 13 | | assistance and protection.
| 14 | | (3) recognize that domestic violence is a learned behavior, | 15 | | that past abuse is the clearest indicator of future abuse, and | 16 | | that a perpetrator of domestic violence often has multiple | 17 | | victims, travels across state lines, and will continue to | 18 | | escalate his or her abuse without appropriate interventions | 19 | | Recognize that the legal system has
ineffectively dealt with | 20 | | family violence in the past, allowing abusers to
escape | 21 | | effective prosecution or financial liability, and has not | 22 | | adequately
acknowledged the criminal nature of domestic | 23 | | violence;
that, although many laws have changed, in practice | 24 | | there is
still widespread failure to appropriately protect and | 25 | | assist victims ;
| 26 | | (4) recognize that courts and law enforcement do not always |
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| 1 | | have full access to all records pertaining to an abuser's use | 2 | | of violence, that many actual incidents of domestic violence | 3 | | are never reported to the justice system, that behaviors of | 4 | | those experiencing, witnessing, and perpetrating domestic | 5 | | violence are often misunderstood, and that a victim is the best | 6 | | judge of his or her needs to determine safety Support the | 7 | | efforts of victims of domestic violence to avoid further
abuse | 8 | | by promptly entering and diligently enforcing court orders | 9 | | which
prohibit abuse and, when necessary, reduce the abuser's | 10 | | access to the
victim and
address any related issues of child | 11 | | custody and economic
support, so that victims are not trapped | 12 | | in abusive situations by fear of
retaliation, loss of a child, | 13 | | financial dependence, or loss of
accessible housing or | 14 | | services ;
| 15 | | (5) recognize that all actors who are involved in systems | 16 | | working with families that are experiencing domestic violence | 17 | | need regular, ongoing, updated training in order to identify | 18 | | domestic violence and to provide the most appropriate | 19 | | assistance based on the individual family needs Clarify the | 20 | | responsibilities and support the efforts of law
enforcement | 21 | | officers to provide immediate, effective assistance and
| 22 | | protection for victims of domestic violence, recognizing that | 23 | | law
enforcement officers often
become the secondary victims of | 24 | | domestic violence, as evidenced by the high
rates of police | 25 | | injuries and deaths that occur in response to domestic violence
| 26 | | calls ; and
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| 1 | | (6) (blank). Expand the civil and criminal remedies for | 2 | | victims of domestic
violence; including, when necessary, the | 3 | | remedies which effect physical
separation of the parties to | 4 | | prevent further abuse.
| 5 | | (Source: P.A. 86-542; 87-1186.)
| 6 | | (750 ILCS 60/103) (from Ch. 40, par. 2311-3)
| 7 | | Sec. 103. Definitions. For the purposes of this Act, the | 8 | | following
terms shall have the following meanings:
| 9 | | (1) "Abuse" means physical abuse, harassment, intimidation | 10 | | of a dependent,
interference with personal liberty or willful | 11 | | deprivation but does not include
reasonable direction of a | 12 | | minor child by a parent or person in loco parentis.
| 13 | | (2) "Adult with disabilities" means an elder adult with | 14 | | disabilities
or a high-risk adult with disabilities. A person | 15 | | may be an adult with
disabilities for purposes of this Act even | 16 | | though he or she has never been
adjudicated an incompetent | 17 | | adult. However, no court proceeding may be
initiated or | 18 | | continued on
behalf of an adult with disabilities over that | 19 | | adult's objection, unless such
proceeding is approved by his or | 20 | | her legal guardian, if any.
| 21 | | (3) "Domestic violence" means abuse as defined in paragraph | 22 | | (1).
| 23 | | (4) "Elder adult with disabilities" means an adult | 24 | | prevented by
advanced age from taking appropriate action to | 25 | | protect himself or herself
from abuse by a family or household |
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| 1 | | member.
| 2 | | (5) "Exploitation" means the illegal, including tortious, | 3 | | use of a
high-risk adult with disabilities or of the assets or | 4 | | resources of a
high-risk adult with disabilities. Exploitation | 5 | | includes, but is not
limited to, the misappropriation of assets | 6 | | or resources of a high-risk
adult with disabilities by undue | 7 | | influence, by breach of a fiduciary
relationship, by fraud, | 8 | | deception, or extortion, or the use of such assets or
resources | 9 | | in a manner contrary to law.
| 10 | | (6) "Family or household members" include spouses, former | 11 | | spouses,
parents, children, stepchildren and other persons | 12 | | related by blood or
by present or prior marriage, persons
who | 13 | | share or formerly shared a common dwelling, persons who have or
| 14 | | allegedly have a child in common, persons who share or | 15 | | allegedly share a
blood relationship through a child, persons | 16 | | who have or have had a dating
or engagement relationship, | 17 | | persons with disabilities and their
personal assistants, and | 18 | | caregivers as defined in Section 12-4.4a of the Criminal Code | 19 | | of 2012.
For purposes of this paragraph, neither a casual | 20 | | acquaintanceship nor
ordinary fraternization between 2 | 21 | | individuals in business or social
contexts shall be deemed to | 22 | | constitute a dating relationship.
In the case of a high-risk | 23 | | adult with
disabilities, "family or household members" | 24 | | includes any person
who has the responsibility for a high-risk | 25 | | adult as a result of a family
relationship or who has assumed | 26 | | responsibility for all or a portion of the
care of a high-risk |
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| 1 | | adult with disabilities voluntarily, or by express or
implied | 2 | | contract, or by court order.
| 3 | | (7) "Harassment" means knowing conduct which
is not | 4 | | necessary to accomplish a purpose that is reasonable under the
| 5 | | circumstances; would cause a reasonable person emotional | 6 | | distress; and
does cause emotional distress to the petitioner.
| 7 | | Unless the presumption is rebutted by a preponderance of the | 8 | | evidence, the
following types of conduct shall be
presumed to | 9 | | cause emotional distress:
| 10 | | (i) creating a disturbance at petitioner's place of | 11 | | employment or school;
| 12 | | (ii) repeatedly telephoning petitioner's place of | 13 | | employment, home or residence;
| 14 | | (iii) repeatedly following petitioner about in a | 15 | | public place or places;
| 16 | | (iv) repeatedly keeping petitioner under surveillance | 17 | | by remaining
present outside his or her
home, school, place | 18 | | of employment, vehicle or other place occupied by
| 19 | | petitioner or by peering in petitioner's windows;
| 20 | | (v) improperly concealing a minor child from | 21 | | petitioner, repeatedly
threatening to improperly remove a | 22 | | minor child of petitioner's from
the jurisdiction or from | 23 | | the physical care of petitioner,
repeatedly threatening to | 24 | | conceal a minor
child from petitioner, or making
a single | 25 | | such
threat following an actual or attempted improper | 26 | | removal or concealment,
unless respondent was fleeing an |
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| 1 | | incident or pattern of domestic violence; or
| 2 | | (vi) threatening physical force, confinement or | 3 | | restraint on one or more occasions.
| 4 | | (8) "High-risk adult with disabilities" means a person aged | 5 | | 18 or over
whose physical or mental disability impairs his or | 6 | | her ability to seek or
obtain protection from abuse, neglect, | 7 | | or exploitation.
| 8 | | (8.5) "Household animal" means any animal owned, | 9 | | possessed, leased, kept, or held by a person or a minor child | 10 | | residing in the residence or household. | 11 | | (9) "Interference with personal liberty" means committing | 12 | | or
threatening physical abuse, harassment, intimidation or
| 13 | | willful deprivation so as to
compel another to
engage in | 14 | | conduct from which she or he has a right to abstain or to | 15 | | refrain from conduct
in which she or he has a right to engage.
| 16 | | (10) "Intimidation of a dependent" means subjecting a | 17 | | person
who is dependent
because of
age, health or disability to | 18 | | participation in or the witnessing of: physical force
against | 19 | | another or physical confinement or restraint of another which
| 20 | | constitutes physical abuse as defined in this Act, regardless | 21 | | of whether the
abused person is a family or household member.
| 22 | | (11) (A) "Neglect" means the failure to exercise that | 23 | | degree of care
toward a high-risk adult with disabilities which | 24 | | a reasonable person would
exercise under the circumstances and | 25 | | includes but is not limited to:
| 26 | | (i) the failure to take reasonable steps to protect a |
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| 1 | | high-risk adult
with disabilities from acts of abuse;
| 2 | | (ii) the repeated, careless imposition of unreasonable | 3 | | confinement;
| 4 | | (iii) the failure to provide food, shelter, clothing, | 5 | | and personal
hygiene to a high-risk adult with disabilities | 6 | | who requires such assistance;
| 7 | | (iv) the failure to provide medical and rehabilitative | 8 | | care for the
physical and mental health needs of a | 9 | | high-risk adult with disabilities; or
| 10 | | (v) the failure to protect a high-risk adult with | 11 | | disabilities from
health and safety hazards.
| 12 | | (B) Nothing in this subsection (10) shall be construed to | 13 | | impose a requirement that
assistance be provided to a high-risk | 14 | | adult with disabilities over his or
her objection in the | 15 | | absence of a court order, nor to create any new
affirmative | 16 | | duty to provide support to a high-risk adult with disabilities.
| 17 | | (12) "Order of protection" means an emergency order, | 18 | | interim
order or plenary order, granted pursuant to this Act,
| 19 | | which includes any or
all of the remedies authorized by Section | 20 | | 214 of this Act.
| 21 | | (13) "Petitioner" may mean not only any named petitioner | 22 | | for the order of
protection and any named victim of abuse on | 23 | | whose behalf the petition
is brought, but also any other person | 24 | | protected by this Act.
| 25 | | (14) "Physical abuse" includes sexual abuse and means any
| 26 | | of the following:
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| 1 | | (i) knowing or reckless use of physical force, | 2 | | confinement or restraint;
| 3 | | (ii) knowing, repeated and unnecessary sleep | 4 | | deprivation; or
| 5 | | (iii) knowing or reckless conduct which creates an | 6 | | immediate
risk of physical harm.
| 7 | | (14.5) "Stay away" means for the respondent to refrain from | 8 | | both physical presence and nonphysical contact with the | 9 | | petitioner whether direct, indirect (including, but not | 10 | | limited to, telephone calls, mail, email, faxes, and written | 11 | | notes), or through third parties who may or may not know about | 12 | | the order of protection.
| 13 | | (15) "Willful deprivation" means wilfully denying a person | 14 | | who
because of age, health or disability requires medication,
| 15 | | medical care, shelter, accessible shelter or services, food,
| 16 | | therapeutic device, or other physical
assistance, and thereby | 17 | | exposing that person to the risk of physical,
mental or | 18 | | emotional harm, except with regard to medical care or treatment
| 19 | | when the dependent person has expressed an intent to forgo such | 20 | | medical
care or treatment. This paragraph does not
create any | 21 | | new affirmative duty to provide support to dependent persons.
| 22 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| 23 | | (750 ILCS 60/202) (from Ch. 40, par. 2312-2)
| 24 | | Sec. 202. Commencement of action; filing fees; dismissal.
| 25 | | (a) How to commence action. Actions for orders of |
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| 1 | | protection are commenced:
| 2 | | (1) Independently: By filing a petition for an order of | 3 | | protection in
any civil court, unless specific courts are | 4 | | designated by local rule or order.
| 5 | | (2) In conjunction with another civil proceeding: By
| 6 | | filing a petition for an order of protection under the same | 7 | | case number
as another civil proceeding involving the | 8 | | parties, including but not
limited to: (i) any proceeding | 9 | | under the Illinois Marriage and Dissolution of
Marriage | 10 | | Act, Illinois Parentage Act of 2015, Nonsupport of Spouse | 11 | | and
Children Act, Revised Uniform Reciprocal Enforcement | 12 | | of Support Act or an
action for nonsupport brought under | 13 | | Article X of the
Illinois Public Aid
Code, provided that a | 14 | | petitioner and
the respondent are a party to or the subject | 15 | | of that proceeding or (ii) a
guardianship proceeding under | 16 | | the Probate Act of
1975, or a proceeding for involuntary
| 17 | | commitment under the Mental Health and Developmental | 18 | | Disabilities Code, or
any proceeding, other than a | 19 | | delinquency petition, under the Juvenile Court
Act of 1987, | 20 | | provided that a petitioner or the
respondent is a party to | 21 | | or the subject of such proceeding.
| 22 | | (3) In conjunction with a delinquency petition or a
| 23 | | criminal prosecution as provided in Section 112A-20 of the | 24 | | Code of Criminal Procedure of 1963.
| 25 | | (a-5) When a petition for an emergency order of protection | 26 | | is filed, the petition shall not be publicly available until |
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| 1 | | the petition is served on the respondent. | 2 | | (b) Filing, certification, and service fees. No fee shall | 3 | | be charged
by the clerk for filing, amending, vacating, | 4 | | certifying, or photocopying
petitions or orders; or for issuing | 5 | | alias summons; or for any
related filing service. No
fee shall | 6 | | be charged by the sheriff for service by the sheriff of a
| 7 | | petition,
rule, motion, or order in an action commenced under | 8 | | this Section.
| 9 | | (c) Dismissal and consolidation. Withdrawal or dismissal | 10 | | of any
petition for an order of protection prior to | 11 | | adjudication where the
petitioner is represented by the State | 12 | | shall operate as a dismissal without
prejudice. No action for | 13 | | an order of protection shall be dismissed because
the | 14 | | respondent is being prosecuted for a crime against the | 15 | | petitioner. An
independent action may be consolidated with | 16 | | another civil proceeding, as
provided by paragraph (2) of | 17 | | subsection (a) of this Section. For any
action commenced under | 18 | | paragraph (2) or (3) of subsection (a) of this Section,
| 19 | | dismissal of the conjoined case (or a finding of not guilty) | 20 | | shall not
require dismissal of the action
for the order of | 21 | | protection; instead, it may be treated as an
independent action | 22 | | and, if necessary and appropriate, transferred to a
different | 23 | | court or division. Dismissal of any conjoined case shall not | 24 | | affect
the
validity of any previously issued order of | 25 | | protection, and thereafter
subsections (b)(1) and (b)(2) of | 26 | | Section 220 shall be inapplicable to
such order.
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| 1 | | (d) Pro se petitions. The court shall provide, through the | 2 | | office of
the clerk of the court, simplified forms and clerical | 3 | | assistance to help
with the writing and filing of a petition | 4 | | under this Section by any person
not represented by counsel. In | 5 | | addition, that assistance may be provided
by the state's | 6 | | attorney.
| 7 | | (e) (Blank).
As provided in this subsection, the | 8 | | administrative director of the Administrative Office of the | 9 | | Illinois Courts, with the approval of the administrative board | 10 | | of the courts, may adopt rules to establish and implement a | 11 | | pilot program to allow the electronic filing of petitions for | 12 | | temporary orders of protection and the issuance of such orders | 13 | | by audio-visual means to accommodate litigants for whom | 14 | | attendance in court to file for and obtain emergency relief | 15 | | would constitute an undue hardship or would constitute a risk | 16 | | of harm to the litigant. | 17 | | (1) As used in this subsection: | 18 | | (A) "Electronic means" means any method of | 19 | | transmission of information between computers or other | 20 | | machines designed for the purpose of sending or | 21 | | receiving electronic transmission and that allows for | 22 | | the recipient of information to reproduce the | 23 | | information received in a tangible medium of | 24 | | expression. | 25 | | (B) "Independent audio-visual system" means an | 26 | | electronic system for the transmission and receiving |
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| 1 | | of audio and visual signals, including those with the | 2 | | means to preclude the unauthorized reception and | 3 | | decoding of the signals by commercially available | 4 | | television receivers, channel converters, or other | 5 | | available receiving devices. | 6 | | (C) "Electronic appearance" means an appearance in | 7 | | which one or more of the parties are not present in the | 8 | | court, but in which, by means of an independent | 9 | | audio-visual system, all of the participants are | 10 | | simultaneously able to see and hear reproductions of | 11 | | the voices and images of the judge, counsel, parties, | 12 | | witnesses, and any other participants. | 13 | | (2) Any pilot program under this subsection (e) shall | 14 | | be developed by the administrative director or his or her | 15 | | delegate in consultation with at least one local | 16 | | organization providing assistance to domestic violence | 17 | | victims. The program plan shall include but not be limited | 18 | | to: | 19 | | (A) identification of agencies equipped with or | 20 | | that have access to an independent audio-visual system | 21 | | and electronic means for filing documents; and | 22 | | (B) identification of one or more organizations | 23 | | who are trained and available to assist petitioners in | 24 | | preparing and filing petitions for temporary orders of | 25 | | protection and in their electronic appearances before | 26 | | the court to obtain such orders; and |
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| 1 | | (C) identification of the existing resources | 2 | | available in local family courts for the | 3 | | implementation and oversight of the pilot program; and | 4 | | (D) procedures for filing petitions and documents | 5 | | by electronic means, swearing in the petitioners and | 6 | | witnesses, preparation of a transcript of testimony | 7 | | and evidence presented, and a prompt transmission of | 8 | | any orders issued to the parties; and | 9 | | (E) a timeline for implementation and a plan for | 10 | | informing the public about the availability of the | 11 | | program; and | 12 | | (F) a description of the data to be collected in | 13 | | order to evaluate and make recommendations for | 14 | | improvements to the pilot program. | 15 | | (3) In conjunction with an electronic appearance, any | 16 | | petitioner for an ex parte temporary order of protection | 17 | | may, using the assistance of a trained advocate if | 18 | | necessary, commence the proceedings by filing a petition by | 19 | | electronic means. | 20 | | (A) A petitioner who is seeking an ex parte | 21 | | temporary order of protection using an electronic | 22 | | appearance must file a petition in advance of the | 23 | | appearance and may do so electronically. | 24 | | (B) The petitioner must show that traveling to or | 25 | | appearing in court would constitute an undue hardship | 26 | | or create a risk of harm to the petitioner. In granting |
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| 1 | | or denying any relief sought by the petitioner, the | 2 | | court shall state the names of all participants and | 3 | | whether it is granting or denying an appearance by | 4 | | electronic means and the basis for such a | 5 | | determination. A party is not required to file a | 6 | | petition or other document by electronic means or to | 7 | | testify by means of an electronic appearance. | 8 | | (C) Nothing in this subsection (e) affects or | 9 | | changes any existing laws governing the service of | 10 | | process, including requirements for personal service | 11 | | or the sealing and confidentiality of court records in | 12 | | court proceedings or access to court records by the | 13 | | parties to the proceedings. | 14 | | (4) Appearances. | 15 | | (A) All electronic appearances by a petitioner | 16 | | seeking an ex parte temporary order of protection under | 17 | | this subsection (e) are strictly voluntary and the | 18 | | court shall obtain the consent of the petitioner on the | 19 | | record at the commencement of each appearance. | 20 | | (B) Electronic appearances under this subsection | 21 | | (e) shall be recorded and preserved for transcription. | 22 | | Documentary evidence, if any, referred to by a party or | 23 | | witness or the court may be transmitted and submitted | 24 | | and introduced by electronic means. | 25 | | (f) The clerk of the court shall provide to all petitioners | 26 | | seeking an order of protection, regardless of whether an order |
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| 1 | | of protection is issued, resources and information on domestic | 2 | | violence and how to obtain assistance as a victim of domestic | 3 | | violence, including, but not limited to: (i) contact | 4 | | information for the nearest domestic violence victim support | 5 | | organization, the Illinois Coalition Against Domestic | 6 | | Violence, the National Domestic Violence Hotline, the local | 7 | | police and State's Attorney, and a local legal services clinic; | 8 | | and (ii) information concerning the various forms of domestic | 9 | | abuse, including emotional, verbal, financial, physical, | 10 | | sexual, and spiritual abuse. | 11 | | (Source: P.A. 100-199, eff. 1-1-18; 100-201, eff. 8-18-17; | 12 | | 101-255, eff. 1-1-20 .)
| 13 | | (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
| 14 | | Sec. 214. Order of protection; remedies.
| 15 | | (a) Issuance of order. If the court finds that petitioner | 16 | | has been
abused by a family or household member or that | 17 | | petitioner is a high-risk
adult who has been abused, neglected, | 18 | | or exploited, as defined in this Act,
an order of protection | 19 | | prohibiting the abuse, neglect, or exploitation
shall issue; | 20 | | provided that petitioner must also satisfy the requirements of
| 21 | | one of the following Sections, as appropriate: Section 217 on | 22 | | emergency
orders, Section 218 on interim orders, or Section 219 | 23 | | on plenary orders.
Petitioner shall not be denied an order of | 24 | | protection because petitioner or
respondent is a minor. The | 25 | | court, when determining whether or not to issue
an order of |
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| 1 | | protection, shall not require physical manifestations of abuse
| 2 | | on the person of the victim. Modification and extension of | 3 | | prior
orders of protection shall be in accordance with this | 4 | | Act.
| 5 | | (1) The court, in determining whether to issue an order | 6 | | of protection, shall consider the pattern of domestic | 7 | | violence of the respondent. At a minimum, the court shall | 8 | | consider the records contained in the National Crime | 9 | | Information Center and the Law Enforcement Agencies Data | 10 | | System in this State and all other states for a period of | 11 | | at least 10 years. A prior indication of abuse or violence, | 12 | | whether against the petitioner or against another victim, | 13 | | shall be a significant factor in favor of issuing an order | 14 | | of protection. There is a rebuttable presumption, which may | 15 | | be overcome by clear and convincing evidence, that there is | 16 | | a significant likelihood that the perpetrator shall | 17 | | continue his or her pattern of domestic violence and abuse | 18 | | in the absence of an issued order of protection. | 19 | | (2) The court, in determining whether to issue an order | 20 | | of protection, shall liberally grant orders of protection | 21 | | in line with the purposes of this Act to protect the | 22 | | physical, financial, mental, and emotional health of the | 23 | | victim. | 24 | | (b) Remedies and standards. The remedies to be included in | 25 | | an order of
protection shall be determined in accordance with | 26 | | this Section and one of
the following Sections, as appropriate: |
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| 1 | | Section 217 on emergency orders,
Section 218 on interim orders, | 2 | | and Section 219 on plenary orders. The
remedies listed in this | 3 | | subsection shall be in addition to other civil or
criminal | 4 | | remedies available to petitioner.
| 5 | | (1) Prohibition of abuse, neglect, or exploitation. | 6 | | Prohibit
respondent's harassment, interference with | 7 | | personal liberty, intimidation
of a dependent, physical | 8 | | abuse, or willful deprivation, neglect or
exploitation, as | 9 | | defined in this Act, or stalking of the petitioner, as | 10 | | defined
in Section 12-7.3 of the Criminal Code of 2012, if | 11 | | such abuse, neglect,
exploitation, or stalking has | 12 | | occurred or otherwise appears likely to occur if
not | 13 | | prohibited.
| 14 | | (2) Grant of exclusive possession of residence. | 15 | | Prohibit respondent from
entering or remaining in any | 16 | | residence, household, or premises of the petitioner,
| 17 | | including one owned or leased by respondent, if petitioner | 18 | | has a right to
occupancy thereof. The grant of exclusive | 19 | | possession of the residence, household, or premises shall | 20 | | not
affect title to real property, nor shall the court be | 21 | | limited by the standard
set forth in subsection (c-2) of | 22 | | Section 501 of the Illinois Marriage and Dissolution of | 23 | | Marriage
Act.
| 24 | | (A) Right to occupancy. A party has a right to | 25 | | occupancy of a
residence or household if it is solely | 26 | | or jointly owned or leased by that
party, that party's |
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| 1 | | spouse, a person with a legal duty to support that | 2 | | party or
a minor child in that party's care, or by any | 3 | | person or entity other than the
opposing party that | 4 | | authorizes that party's occupancy (e.g., a domestic
| 5 | | violence shelter). Standards set forth in subparagraph | 6 | | (B) shall not preclude
equitable relief.
| 7 | | (B) Presumption of hardships. If petitioner and | 8 | | respondent
each has the right to occupancy of a | 9 | | residence or household, the court
shall balance (i) the | 10 | | hardships to respondent and any minor child or
| 11 | | dependent adult in respondent's care resulting from | 12 | | entry of this remedy with
(ii) the hardships to | 13 | | petitioner and any minor child or dependent adult in
| 14 | | petitioner's care resulting from continued exposure to | 15 | | the risk of abuse
(should petitioner remain at the | 16 | | residence or household) or from loss of
possession of | 17 | | the residence or household (should petitioner leave to | 18 | | avoid the
risk of abuse). When determining the balance | 19 | | of hardships, the court shall
also take into account | 20 | | the accessibility of the residence or household.
| 21 | | Hardships need not be balanced if respondent does not | 22 | | have a right to
occupancy.
| 23 | | The balance of hardships is presumed to favor | 24 | | possession by
petitioner unless the presumption is | 25 | | rebutted by a preponderance of the
evidence, showing | 26 | | that the hardships to respondent substantially |
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| 1 | | outweigh
the hardships to petitioner and any minor | 2 | | child or dependent adult in
petitioner's care. The | 3 | | court, on the request of petitioner or on its own
| 4 | | motion, may order respondent to provide suitable, | 5 | | accessible, alternate housing
for petitioner instead | 6 | | of excluding respondent from a mutual residence or
| 7 | | household.
| 8 | | (3) Stay away order and additional prohibitions.
Order | 9 | | respondent to stay away from petitioner or any other person
| 10 | | protected by the order of protection, or prohibit | 11 | | respondent from entering
or remaining present at | 12 | | petitioner's school, place of employment, or other
| 13 | | specified places at times when petitioner is present, or | 14 | | both, if
reasonable, given the balance of hardships. | 15 | | Hardships need not be balanced for
the court to enter a | 16 | | stay away order or prohibit entry if respondent has no
| 17 | | right to enter the premises.
| 18 | | (A) If an order of protection grants petitioner | 19 | | exclusive possession
of the residence, or prohibits | 20 | | respondent from entering the residence,
or orders | 21 | | respondent to stay away from petitioner or other
| 22 | | protected persons, then the court may allow respondent | 23 | | access to the
residence to remove items of clothing and | 24 | | personal adornment
used exclusively by respondent, | 25 | | medications, and other items as the court
directs. The | 26 | | right to access shall be exercised on only one occasion |
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| 1 | | as the
court directs and in the presence of an | 2 | | agreed-upon adult third party or law
enforcement | 3 | | officer.
| 4 | | (B) When the petitioner and the respondent attend | 5 | | the same public, private, or non-public elementary, | 6 | | middle, or high school, the court when issuing an order | 7 | | of protection and providing relief shall consider the | 8 | | severity of the act, any continuing physical danger or | 9 | | emotional distress to the petitioner, the educational | 10 | | rights guaranteed to the petitioner and respondent | 11 | | under federal and State law, the availability of a | 12 | | transfer of the respondent to another school, a change | 13 | | of placement or a change of program of the respondent, | 14 | | the expense, difficulty, and educational disruption | 15 | | that would be caused by a transfer of the respondent to | 16 | | another school, and any other relevant facts of the | 17 | | case. The court may order that the respondent not | 18 | | attend the public, private, or non-public elementary, | 19 | | middle, or high school attended by the petitioner, | 20 | | order that the respondent accept a change of placement | 21 | | or change of program, as determined by the school | 22 | | district or private or non-public school, or place | 23 | | restrictions on the respondent's movements within the | 24 | | school attended by the petitioner.
The respondent | 25 | | bears the burden of proving by a preponderance of the | 26 | | evidence that a transfer, change of placement, or |
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| 1 | | change of program of the respondent is not available. | 2 | | The respondent also bears the burden of production with | 3 | | respect to the expense, difficulty, and educational | 4 | | disruption that would be caused by a transfer of the | 5 | | respondent to another school. A transfer, change of | 6 | | placement, or change of program is not unavailable to | 7 | | the respondent solely on the ground that the respondent | 8 | | does not agree with the school district's or private or | 9 | | non-public school's transfer, change of placement, or | 10 | | change of program or solely on the ground that the | 11 | | respondent fails or refuses to consent or otherwise | 12 | | does not take an action required to effectuate a | 13 | | transfer, change of placement, or change of program.
| 14 | | When a court orders a respondent to stay away from the | 15 | | public, private, or non-public school attended by the | 16 | | petitioner and the respondent requests a transfer to | 17 | | another attendance center within the respondent's | 18 | | school district or private or non-public school, the | 19 | | school district or private or non-public school shall | 20 | | have sole discretion to determine the attendance | 21 | | center to which the respondent is transferred.
In the | 22 | | event the court order results in a transfer of the | 23 | | minor respondent to another attendance center, a | 24 | | change in the respondent's placement, or a change of | 25 | | the respondent's program, the parents, guardian, or | 26 | | legal custodian of the respondent is responsible for |
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| 1 | | transportation and other costs associated with the | 2 | | transfer or change. | 3 | | (C) The court may order the parents, guardian, or | 4 | | legal custodian of a minor respondent to take certain | 5 | | actions or to refrain from taking certain actions to | 6 | | ensure that the respondent complies with the order. In | 7 | | the event the court orders a transfer of the respondent | 8 | | to another school, the parents, guardian, or legal | 9 | | custodian of the respondent is responsible for | 10 | | transportation and other costs associated with the | 11 | | change of school by the respondent. | 12 | | (4) Counseling. Require or recommend the respondent to | 13 | | undergo
counseling for a specified duration with a social | 14 | | worker, psychologist,
clinical psychologist, psychiatrist, | 15 | | family service agency, alcohol or
substance abuse program, | 16 | | mental health center guidance counselor, agency
providing | 17 | | services to elders, program designed for domestic violence
| 18 | | abusers or any other guidance service the court deems | 19 | | appropriate. The Court may order the respondent in any | 20 | | intimate partner relationship to report to an Illinois | 21 | | Department of Human Services protocol approved partner | 22 | | abuse intervention program for an assessment and to follow | 23 | | all recommended treatment.
| 24 | | (5) Physical care and possession of the minor child. In | 25 | | order to protect
the minor child from abuse, neglect, or | 26 | | unwarranted separation from the person
who has been the |
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| 1 | | minor child's primary caretaker, or to otherwise protect | 2 | | the
well-being of the minor child, the court may do either | 3 | | or both of the
following: (i) grant petitioner physical | 4 | | care or possession of the minor child,
or both, or (ii) | 5 | | order respondent to return a minor child to, or not remove | 6 | | a
minor child from, the physical care of a parent or person | 7 | | in loco parentis.
| 8 | | If a court finds, after a hearing, that respondent has | 9 | | committed abuse
(as defined in Section 103) of a minor | 10 | | child, there shall be a
rebuttable presumption that | 11 | | awarding physical care to respondent would not
be in the | 12 | | minor child's best interest.
| 13 | | (6) Temporary allocation of parental responsibilities: | 14 | | significant decision-making. Award temporary | 15 | | decision-making responsibility to petitioner
in accordance | 16 | | with this Section, the Illinois Marriage and Dissolution of
| 17 | | Marriage Act, the Illinois Parentage Act of 2015, and this | 18 | | State's Uniform
Child-Custody Jurisdiction and Enforcement | 19 | | Act.
| 20 | | If a court finds, after a hearing, that respondent has | 21 | | committed abuse (as
defined in Section 103) of a minor | 22 | | child, there shall be a rebuttable
presumption that | 23 | | awarding temporary significant decision-making | 24 | | responsibility to respondent would not be in
the child's | 25 | | best interest.
| 26 | | (7) Parenting time. Determine the parenting time, if |
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| 1 | | any, of respondent in
any case in which the court awards | 2 | | physical care or allocates temporary significant | 3 | | decision-making responsibility of
a minor child to | 4 | | petitioner. The court shall restrict or deny respondent's | 5 | | parenting time
with a minor child if the court finds that | 6 | | respondent has done or is
likely to do any of the | 7 | | following: (i) abuse or endanger the minor child during | 8 | | parenting time; (ii) use the parenting time as an | 9 | | opportunity to abuse or harass
petitioner or petitioner's | 10 | | family or household members; (iii) improperly
conceal or | 11 | | detain the minor child; or (iv) otherwise act in a manner | 12 | | that is
not in the best interests of the minor child. The | 13 | | court shall not be limited
by the standards set forth in | 14 | | Section 603.10 of the Illinois Marriage and
Dissolution of | 15 | | Marriage Act. If the court grants parenting time, the order | 16 | | shall
specify dates and times for the parenting time to | 17 | | take place or other specific
parameters or conditions that | 18 | | are appropriate. No order for parenting time shall
refer | 19 | | merely to the term "reasonable parenting time".
| 20 | | Petitioner may deny respondent access to the minor | 21 | | child if, when
respondent arrives for parenting time, | 22 | | respondent is under the influence of drugs
or alcohol and | 23 | | constitutes a threat to the safety and well-being of
| 24 | | petitioner or petitioner's minor children or is behaving in | 25 | | a violent or
abusive manner.
| 26 | | If necessary to protect any member of petitioner's |
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| 1 | | family or
household from future abuse, respondent shall be | 2 | | prohibited from coming to
petitioner's residence to meet | 3 | | the minor child for parenting time, and the
parties shall | 4 | | submit to the court their recommendations for reasonable
| 5 | | alternative arrangements for parenting time. A person may | 6 | | be approved to
supervise parenting time only after filing | 7 | | an affidavit accepting
that responsibility and | 8 | | acknowledging accountability to the court.
| 9 | | (8) Removal or concealment of minor child. Prohibit | 10 | | respondent from
removing a minor child from the State or | 11 | | concealing the child within the State.
| 12 | | (9) Order to appear. Order the respondent to appear in | 13 | | court, alone
or with a minor child, to prevent abuse, | 14 | | neglect, removal or concealment of
the child, to return the | 15 | | child to the custody or care of the petitioner or
to permit | 16 | | any court-ordered interview or examination of the child or | 17 | | the
respondent.
| 18 | | (10) Possession of personal property. Grant petitioner | 19 | | exclusive
possession of personal property and, if | 20 | | respondent has possession or
control, direct respondent to | 21 | | promptly make it available to petitioner, if:
| 22 | | (i) petitioner, but not respondent, owns the | 23 | | property; or
| 24 | | (ii) the parties own the property jointly; sharing | 25 | | it would risk
abuse of petitioner by respondent or is | 26 | | impracticable; and the balance of
hardships favors |
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| 1 | | temporary possession by petitioner.
| 2 | | If petitioner's sole claim to ownership of the property | 3 | | is that it is
marital property, the court may award | 4 | | petitioner temporary possession
thereof under the | 5 | | standards of subparagraph (ii) of this paragraph only if
a | 6 | | proper proceeding has been filed under the Illinois | 7 | | Marriage and
Dissolution of Marriage Act, as now or | 8 | | hereafter amended.
| 9 | | No order under this provision shall affect title to | 10 | | property.
| 11 | | (11) Protection of property. Forbid the respondent | 12 | | from taking,
transferring, encumbering, concealing, | 13 | | damaging or otherwise disposing of
any real or personal | 14 | | property, except as explicitly authorized by the
court, if:
| 15 | | (i) petitioner, but not respondent, owns the | 16 | | property; or
| 17 | | (ii) the parties own the property jointly,
and the | 18 | | balance of hardships favors granting this remedy.
| 19 | | If petitioner's sole claim to ownership of the property | 20 | | is that it is
marital property, the court may grant | 21 | | petitioner relief under subparagraph
(ii) of this | 22 | | paragraph only if a proper proceeding has been filed under | 23 | | the
Illinois Marriage and Dissolution of Marriage Act, as | 24 | | now or hereafter amended.
| 25 | | The court may further prohibit respondent from | 26 | | improperly using the
financial or other resources of an |
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| 1 | | aged member of the family or household
for the profit or | 2 | | advantage of respondent or of any other person.
| 3 | | (11.5) Protection of animals. Grant the petitioner the | 4 | | exclusive care, custody, or control of any animal owned, | 5 | | possessed, leased, kept, or held by either the petitioner | 6 | | or the respondent or a minor child residing in the | 7 | | residence or household of either the petitioner or the | 8 | | respondent and order the respondent to stay away from the | 9 | | animal and forbid the respondent from taking, | 10 | | transferring, encumbering, concealing, harming, or | 11 | | otherwise disposing of the animal.
| 12 | | (12) Order for payment of support. Order respondent to | 13 | | pay temporary
support for the petitioner or any child in | 14 | | the petitioner's care or over whom the petitioner has been | 15 | | allocated parental responsibility, when the respondent has | 16 | | a legal obligation to support that person,
in accordance | 17 | | with the Illinois Marriage and Dissolution
of Marriage Act, | 18 | | which shall govern, among other matters, the amount of
| 19 | | support, payment through the clerk and withholding of | 20 | | income to secure
payment. An order for child support may be | 21 | | granted to a petitioner with
lawful physical care of a | 22 | | child, or an order or agreement for
physical care of a | 23 | | child, prior to entry of an order allocating significant | 24 | | decision-making responsibility.
Such a support order shall | 25 | | expire upon entry of a valid order allocating parental | 26 | | responsibility differently and vacating the petitioner's |
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| 1 | | significant decision-making authority, unless otherwise | 2 | | provided in the order.
| 3 | | (13) Order for payment of losses. Order respondent to | 4 | | pay petitioner for
losses suffered as a direct result of | 5 | | the abuse, neglect, or exploitation.
Such losses shall | 6 | | include, but not be limited to, medical expenses, lost
| 7 | | earnings or other support, repair or replacement of | 8 | | property damaged or taken,
reasonable attorney's fees, | 9 | | court costs and moving or other travel expenses,
including | 10 | | additional reasonable expenses for temporary shelter and | 11 | | restaurant
meals.
| 12 | | (i) Losses affecting family needs. If a party is | 13 | | entitled to seek
maintenance, child support or | 14 | | property distribution from the other party
under the | 15 | | Illinois Marriage and Dissolution of Marriage Act, as | 16 | | now or
hereafter amended, the court may order | 17 | | respondent to reimburse petitioner's
actual losses, to | 18 | | the extent that such reimbursement would be | 19 | | "appropriate
temporary relief", as authorized by | 20 | | paragraph (3) of subsection (a) (3) of Section 501 of
| 21 | | that Act.
| 22 | | (ii) Recovery of expenses. In the case of an | 23 | | improper concealment
or removal of a minor child, the | 24 | | court may order respondent to pay the
reasonable | 25 | | expenses incurred or to be incurred in the search for | 26 | | and recovery
of the minor child, including but not |
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| 1 | | limited to legal fees, court costs,
private | 2 | | investigator fees, and travel costs.
| 3 | | (14) Prohibition of entry. Prohibit the respondent | 4 | | from entering or
remaining in the residence or household | 5 | | while the respondent is under the
influence of alcohol or | 6 | | drugs and constitutes a threat to the safety and
well-being | 7 | | of the petitioner or the petitioner's children.
| 8 | | (14.5) Prohibition of firearm possession.
| 9 | | (a) Prohibit a respondent against whom an order of | 10 | | protection was issued from possessing any firearms | 11 | | during the duration of the order if the order: | 12 | | (1) was issued after a hearing of which such | 13 | | person received
actual notice, and at which such | 14 | | person had an opportunity to
participate; | 15 | | (2) restrains such person from harassing, | 16 | | stalking, or
threatening an intimate partner of | 17 | | such person or child of such
intimate partner or | 18 | | person, or engaging in other conduct that
would | 19 | | place an intimate partner in reasonable fear of | 20 | | bodily
injury to the partner or child; and | 21 | | (3)(i) includes a finding that such person | 22 | | represents a
credible threat to the physical | 23 | | safety of such intimate partner
or child; or
(ii) | 24 | | by its terms explicitly prohibits the use, | 25 | | attempted
use, or threatened use of physical force | 26 | | against such intimate
partner or child that would |
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| 1 | | reasonably be expected to cause
bodily injury. | 2 | | Any Firearm Owner's Identification Card in the
| 3 | | possession of the respondent, except as provided in | 4 | | subsection (b), shall be ordered by the court to be | 5 | | turned
over to the local law enforcement agency. The | 6 | | local law enforcement agency shall immediately mail | 7 | | the card to the Department of State Police Firearm | 8 | | Owner's Identification Card Office
for safekeeping. | 9 | | The court shall
issue a warrant for seizure of any | 10 | | firearm in the possession of the respondent, to be kept | 11 | | by the local law enforcement agency for safekeeping, | 12 | | except as provided in subsection (b).
The period of | 13 | | safekeeping shall be for the duration of the order of | 14 | | protection. The firearm or firearms and Firearm | 15 | | Owner's Identification Card, if unexpired, shall at | 16 | | the respondent's request, be returned to the | 17 | | respondent at the end
of the order of protection. It is | 18 | | the respondent's responsibility to notify the | 19 | | Department of State Police Firearm Owner's | 20 | | Identification Card Office.
| 21 | | (b) If the respondent is a peace officer as defined | 22 | | in Section 2-13 of
the
Criminal Code of 2012, the court | 23 | | shall order that any firearms used by the
respondent in | 24 | | the performance of his or her duties as a
peace officer | 25 | | be surrendered to
the chief law enforcement executive | 26 | | of the agency in which the respondent is
employed, who |
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| 1 | | shall retain the firearms for safekeeping for the | 2 | | duration of the order of protection.
| 3 | | (c) Upon expiration of the period of safekeeping, | 4 | | if the firearms or Firearm Owner's Identification Card | 5 | | cannot be returned to respondent because respondent | 6 | | cannot be located, fails to respond to requests to | 7 | | retrieve the firearms, or is not lawfully eligible to | 8 | | possess a firearm, upon petition from the local law | 9 | | enforcement agency, the court may order the local law | 10 | | enforcement agency to destroy the firearms, use the | 11 | | firearms for training purposes, or for any other | 12 | | application as deemed appropriate by the local law | 13 | | enforcement agency; or that the firearms be turned over | 14 | | to a third party who is lawfully eligible to possess | 15 | | firearms, and who does not reside with respondent. | 16 | | (15) Prohibition of access to records. If an order of | 17 | | protection
prohibits respondent from having contact with | 18 | | the minor child,
or if petitioner's address is omitted | 19 | | under subsection (b) of
Section 203, or if necessary to | 20 | | prevent abuse or wrongful removal or
concealment of a minor | 21 | | child, the order shall deny respondent access to, and
| 22 | | prohibit respondent from inspecting, obtaining, or | 23 | | attempting to
inspect or obtain, school or any other | 24 | | records of the minor child
who is in the care of | 25 | | petitioner.
| 26 | | (16) Order for payment of shelter services. Order |
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| 1 | | respondent to
reimburse a shelter providing temporary | 2 | | housing and counseling services to
the petitioner for the | 3 | | cost of the services, as certified by the shelter
and | 4 | | deemed reasonable by the court.
| 5 | | (17) Order for injunctive relief. Enter injunctive | 6 | | relief necessary
or appropriate to prevent further abuse of | 7 | | a family or household member
or further abuse, neglect, or | 8 | | exploitation of a high-risk adult with
disabilities or to | 9 | | effectuate one of the granted remedies, if supported by the
| 10 | | balance of hardships. If the harm to be prevented by the | 11 | | injunction is abuse
or any other harm that one of the | 12 | | remedies listed in paragraphs (1) through
(16) of this | 13 | | subsection is designed to prevent, no further evidence is
| 14 | | necessary that the harm is an irreparable injury.
| 15 | | (18) Telephone services. | 16 | | (A) Unless a condition described in subparagraph | 17 | | (B) of this paragraph exists, the court may, upon | 18 | | request by the petitioner, order a wireless telephone | 19 | | service provider to transfer to the petitioner the | 20 | | right to continue to use a telephone number or numbers | 21 | | indicated by the petitioner and the financial | 22 | | responsibility associated with the number or numbers, | 23 | | as set forth in subparagraph (C) of this paragraph. For | 24 | | purposes of this paragraph (18), the term "wireless | 25 | | telephone service provider" means a provider of | 26 | | commercial mobile service as defined in 47 U.S.C. 332. |
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| 1 | | The petitioner may request the transfer of each | 2 | | telephone number that the petitioner, or a minor child | 3 | | in his or her custody, uses. The clerk of the court | 4 | | shall serve the order on the wireless telephone service | 5 | | provider's agent for service of process provided to the | 6 | | Illinois Commerce Commission. The order shall contain | 7 | | all of the following: | 8 | | (i) The name and billing telephone number of | 9 | | the account holder including the name of the | 10 | | wireless telephone service provider that serves | 11 | | the account. | 12 | | (ii) Each telephone number that will be | 13 | | transferred. | 14 | | (iii) A statement that the provider transfers | 15 | | to the petitioner all financial responsibility for | 16 | | and right to the use of any telephone number | 17 | | transferred under this paragraph. | 18 | | (B) A wireless telephone service provider shall | 19 | | terminate the respondent's use of, and shall transfer | 20 | | to the petitioner use of, the telephone number or | 21 | | numbers indicated in subparagraph (A) of this | 22 | | paragraph unless it notifies the petitioner, within 72 | 23 | | hours after it receives the order, that one of the | 24 | | following applies: | 25 | | (i) The account holder named in the order has | 26 | | terminated the account. |
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| 1 | | (ii) A difference in network technology would | 2 | | prevent or impair the functionality of a device on | 3 | | a network if the transfer occurs. | 4 | | (iii) The transfer would cause a geographic or | 5 | | other limitation on network or service provision | 6 | | to the petitioner. | 7 | | (iv) Another technological or operational | 8 | | issue would prevent or impair the use of the | 9 | | telephone number if the transfer occurs. | 10 | | (C) The petitioner assumes all financial | 11 | | responsibility for and right to the use of any | 12 | | telephone number transferred under this paragraph. In | 13 | | this paragraph, "financial responsibility" includes | 14 | | monthly service costs and costs associated with any | 15 | | mobile device associated with the number. | 16 | | (D) A wireless telephone service provider may | 17 | | apply to the petitioner its routine and customary | 18 | | requirements for establishing an account or | 19 | | transferring a number, including requiring the | 20 | | petitioner to provide proof of identification, | 21 | | financial information, and customer preferences.
| 22 | | (E) Except for willful or wanton misconduct, a | 23 | | wireless telephone service provider is immune from | 24 | | civil liability for its actions taken in compliance | 25 | | with a court order issued under this paragraph. | 26 | | (F) All wireless service providers that provide |
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| 1 | | services to residential customers shall provide to the | 2 | | Illinois Commerce Commission the name and address of an | 3 | | agent for service of orders entered under this | 4 | | paragraph (18). Any change in status of the registered | 5 | | agent must be reported to the Illinois Commerce | 6 | | Commission within 30 days of such change. | 7 | | (G) The Illinois Commerce Commission shall | 8 | | maintain the list of registered agents for service for | 9 | | each wireless telephone service provider on the | 10 | | Commission's website. The Commission may consult with | 11 | | wireless telephone service providers and the Circuit | 12 | | Court Clerks on the manner in which this information is | 13 | | provided and displayed. | 14 | | (c) Relevant factors; findings.
| 15 | | (1) In determining whether to grant a specific remedy, | 16 | | other than
payment of support, the court shall consider
| 17 | | relevant factors, including but not limited to the | 18 | | following:
| 19 | | (i) the nature, frequency, severity, pattern and | 20 | | consequences of the
respondent's past abuse, neglect | 21 | | or exploitation within the last 10 years of the | 22 | | petitioner or
any family or household member or | 23 | | household animal , including the concealment of his or | 24 | | her
location in order to evade service of process or | 25 | | notice, and the likelihood of
danger of future abuse, | 26 | | neglect, or exploitation to petitioner or any member of
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| 1 | | petitioner's or respondent's family or household; and
| 2 | | (ii) the danger that any minor child will be abused | 3 | | or neglected or
improperly relocated from the | 4 | | jurisdiction, improperly concealed within the
State or | 5 | | improperly separated from the child's primary | 6 | | caretaker ; and .
| 7 | | (iii) the nature, frequency, severity, pattern, | 8 | | and consequences of the respondent's past abuse, | 9 | | neglect, exploitation of, or criminal actions against, | 10 | | any other person within the past 10 years, including, | 11 | | but not limited to, another witness or another | 12 | | petitioner or any of his or her family or household | 13 | | members or household animals in another order of | 14 | | protection that was issued against respondent in this | 15 | | State or another state, and any criminal actions | 16 | | involving the respondent, regardless of whether the | 17 | | respondent's actions were directed against the | 18 | | petitioner. | 19 | | A prior indication of abuse or violence, whether | 20 | | against the petitioner or against another victim, shall be | 21 | | a significant factor in granting a specific remedy. There | 22 | | is a rebuttable presumption, which may be overcome by clear | 23 | | and convincing evidence, that there is a significant | 24 | | likelihood that the perpetrator shall continue his or her | 25 | | pattern of domestic violence and abuse in the absence of | 26 | | the grant of a specific remedy. |
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| 1 | | The court, in determining whether to grant a specific | 2 | | remedy, shall liberally grant remedies in line with the | 3 | | purposes of this Act to protect the physical, financial, | 4 | | mental, and emotional health of the victims. | 5 | | (2) In comparing relative hardships resulting to the | 6 | | parties from loss
of possession of the family home, the | 7 | | court shall consider relevant
factors, including but not | 8 | | limited to the following:
| 9 | | (i) availability, accessibility, cost, safety, | 10 | | adequacy, location and
other characteristics of | 11 | | alternate housing for each party and any minor child
or | 12 | | dependent adult in the party's care;
| 13 | | (ii) the effect on the party's employment; and
| 14 | | (iii) the effect on the relationship of the party, | 15 | | and any minor
child or dependent adult in the party's | 16 | | care, to family, school, church
and community.
| 17 | | (3) Subject to the exceptions set forth in paragraph | 18 | | (4) of this
subsection, the court shall make its findings | 19 | | in an official record or in
writing, and shall at a minimum | 20 | | set forth the following:
| 21 | | (i) That the court has considered the applicable | 22 | | relevant factors
described in paragraphs (1) and (2) of | 23 | | this subsection.
| 24 | | (ii) Whether the conduct or actions of respondent, | 25 | | unless
prohibited, will likely cause irreparable harm | 26 | | or continued abuse.
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| 1 | | (iii) Whether it is necessary to grant the | 2 | | requested relief in order
to protect petitioner or | 3 | | other alleged abused persons.
| 4 | | (4) For purposes of issuing an ex parte emergency order | 5 | | of protection,
the court, as an alternative to or as a | 6 | | supplement to making the findings
described in | 7 | | subparagraphs (i) through (iii) of paragraph (3) | 8 | | paragraphs (c)(3)(i) through (c)(3)(iii) of this | 9 | | subsection, may
use the following procedure:
| 10 | | When a verified petition for an emergency order of | 11 | | protection in
accordance with the requirements of Sections | 12 | | 203 and 217 is
presented to the court, the court shall | 13 | | examine petitioner on oath or
affirmation. An emergency | 14 | | order of protection shall be issued by the court
if it | 15 | | appears from the contents of the petition and the | 16 | | examination of
petitioner that the averments are | 17 | | sufficient to indicate abuse by
respondent and to support | 18 | | the granting of relief under the issuance of the
emergency | 19 | | order of protection.
| 20 | | (5) Never married parties. No rights or | 21 | | responsibilities for a minor
child born outside of marriage | 22 | | attach to a putative father until a father and
child | 23 | | relationship has been established under the Illinois | 24 | | Parentage Act of
1984, the Illinois Parentage Act of 2015, | 25 | | the Illinois Public Aid Code, Section 12 of the Vital | 26 | | Records Act, the
Juvenile Court Act of 1987, the Probate |
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| 1 | | Act of 1975, the Revised Uniform
Reciprocal Enforcement of | 2 | | Support Act, the Uniform Interstate Family Support
Act, the | 3 | | Expedited Child Support Act of 1990, any judicial, | 4 | | administrative, or
other act of another state or territory, | 5 | | any other Illinois statute, or by any
foreign nation | 6 | | establishing the father and child relationship, any other
| 7 | | proceeding substantially in conformity with the Personal | 8 | | Responsibility and
Work Opportunity Reconciliation Act of | 9 | | 1996 (Pub. L. 104-193), or where both
parties appeared in | 10 | | open court or at an administrative hearing acknowledging
| 11 | | under
oath or admitting by affirmation the existence of a | 12 | | father and child
relationship.
Absent such an | 13 | | adjudication, finding, or acknowledgment, no putative
| 14 | | father shall be granted
temporary allocation of parental | 15 | | responsibilities, including parenting time with the minor | 16 | | child, or
physical care and possession of the minor child, | 17 | | nor shall an order of payment
for support of the minor | 18 | | child be entered.
| 19 | | (d) Balance of hardships; findings. If the court finds that | 20 | | the balance
of hardships does not support the granting of a | 21 | | remedy governed by
paragraph (2), (3), (10), (11), or (16) of | 22 | | subsection (b) of this Section,
which may require such | 23 | | balancing, the court's findings shall so
indicate and shall | 24 | | include a finding as to whether granting the remedy will
result | 25 | | in hardship to respondent that would substantially outweigh the | 26 | | hardship
to petitioner from denial of the remedy. The findings |
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| 1 | | shall be an official
record or in writing.
| 2 | | (e) Denial of remedies. Denial of any remedy shall not be | 3 | | based, in
whole or in part, on evidence that:
| 4 | | (1) Respondent has cause for any use of force, unless | 5 | | that cause
satisfies the standards for justifiable use of | 6 | | force provided by Article
7 of the Criminal Code of 2012;
| 7 | | (2) Respondent was voluntarily intoxicated;
| 8 | | (3) Petitioner acted in self-defense or defense of | 9 | | another, provided
that, if petitioner utilized force, such | 10 | | force was justifiable under
Article 7 of the Criminal Code | 11 | | of 2012;
| 12 | | (4) Petitioner did not act in self-defense or defense | 13 | | of another;
| 14 | | (5) Petitioner left the residence or household to avoid | 15 | | further abuse,
neglect, or exploitation by respondent;
| 16 | | (6) Petitioner did not leave the residence or household | 17 | | to avoid further
abuse, neglect, or exploitation by | 18 | | respondent;
| 19 | | (7) Conduct by any family or household member excused | 20 | | the abuse,
neglect, or exploitation by respondent, unless | 21 | | that same conduct would have
excused such abuse, neglect, | 22 | | or exploitation if the parties had not been
family or | 23 | | household members.
| 24 | | (Source: P.A. 99-85, eff. 1-1-16; 99-90, eff. 1-1-16; 99-642, | 25 | | eff. 7-28-16; 100-388, eff. 1-1-18; 100-863, eff. 8-14-18; | 26 | | 100-923, eff. 1-1-19 .)
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| 1 | | (750 ILCS 60/302) (from Ch. 40, par. 2313-2)
| 2 | | Sec. 302. Data maintenance by law enforcement agencies.
| 3 | | (a) All sheriffs shall furnish to the Department of State | 4 | | Police, on the
same day as received, in the form and detail the | 5 | | Department requires, copies of
any recorded emergency, | 6 | | interim, or plenary orders of protection issued by the
court, | 7 | | and any foreign orders of protection filed by the clerk of the | 8 | | court,
and transmitted to the sheriff by the clerk of the court | 9 | | pursuant to subsection
(b) of Section 222 of this Act. Each | 10 | | order of protection shall be entered in
the Law Enforcement | 11 | | Agencies Data System on the same day it
is issued by the court. | 12 | | If an emergency order of protection was issued in
accordance | 13 | | with subsection (c) of Section 217, the order shall be entered | 14 | | in
the Law Enforcement Agencies Data System as soon as possible
| 15 | | after receipt from the clerk.
| 16 | | (b) The Department of State Police shall maintain a | 17 | | complete and systematic
record and index of all valid or | 18 | | expired and recorded orders of protection issued pursuant
to | 19 | | this Act for at least 20 years . The data shall be used to | 20 | | inform all dispatchers and law
enforcement officers at the | 21 | | scene of an alleged incident of abuse, neglect,
or exploitation | 22 | | or violation of an order of protection of (i) any recorded | 23 | | prior
incident of abuse, neglect, or exploitation involving the | 24 | | abused, neglected,
or exploited party and the effective dates | 25 | | and terms of any recorded order of
protection , and (ii) any |
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| 1 | | recorded prior incident of abuse, neglect, or exploitation | 2 | | involving the respondent engaging in abuse, neglect, or | 3 | | exploitation against other parties and the effective dates and | 4 | | terms of any recorded order of protection. The data shall also | 5 | | be used pursuant to paragraph (1) of subsection (a) of Section | 6 | | 214 to inform the court in proceedings when determining whether | 7 | | to issue an order of protection, and shall be used when | 8 | | considering a pattern of abuse of (1) any recorded prior | 9 | | incident of abuse, neglect, or exploitation involving the | 10 | | abused, neglected, or exploited party and the effective dates | 11 | | and terms of any recorded order of protection, and (2) any | 12 | | recorded prior incident of abuse, neglect, or exploitation | 13 | | involving the respondent engaging in abuse, neglect, or | 14 | | exploitation against other parties and the effective dates and | 15 | | terms of any recorded order of protection .
| 16 | | (c) The data, records and transmittals required under this | 17 | | Section shall
pertain to any valid emergency, interim or | 18 | | plenary order of protection,
whether issued in a civil or | 19 | | criminal proceeding or authorized under the laws
of another | 20 | | state, tribe, or United States territory.
| 21 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 22 | | (750 ILCS 60/302.5 new) | 23 | | Sec. 302.5. National Crime Information Center. | 24 | | (a) The data contained in the National Crime Information | 25 | | Center database shall be used to inform all dispatchers and law |
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| 1 | | enforcement officers at the scene of an alleged incident of | 2 | | abuse, neglect, or exploitation or violation of an order of | 3 | | protection of (i) any prior criminal incident involving the | 4 | | abused, neglected, or exploited party, and (ii) any prior | 5 | | criminal incident involving the respondent. The data shall also | 6 | | be used pursuant to paragraph (1) of subsection (a) of Section | 7 | | 214 to inform the court in proceedings when determining whether | 8 | | to issue an order of protection, and shall be used when | 9 | | considering a pattern of abuse of (1) any prior criminal | 10 | | incident involving the abused, neglected, or exploited party, | 11 | | and (2) any prior criminal incident involving the respondent. | 12 | | (b) All criminal information meeting the criteria of the | 13 | | information gathered by the National Crime Information Center | 14 | | shall be provided to the National Crime Information Center for | 15 | | the database by the courts, State and local law enforcement | 16 | | agencies, and other State and local criminal justice agencies | 17 | | within 24 hours of receipt of the information.
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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